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Terms and Conditions

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This Terms of Use Agreement (“Terms of Use“) applies to use of the Rental Depot of Florida websites located at www.rentaldepotflorida.com and www.rentaldepotorlando.com, www.rentaldepotkissimmee.com, www.rentaldepotofflorida.com (collectively, the “Site“), whether directly or through mobile access using compatible and supported wireless devices. The Site is the property of Rental Depot of Florida, LLC. Before you make any rentals, you must first establish a customer account (“My Account“) and agree to the Rental Agreement. BY ACCESSING AND/OR USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS OF USE ON YOUR BEHALF AND, IF YOU ARE ACCESSING OR USING THE SITE ON BEHALF OF ANOTHER PERSON OR ORGANIZATION, ON BEHALF OF SUCH PERSON OR ORGANIZATION (collectively, “you”). IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SITE AND YOU MUST IMMEDIATELY CEASE ALL USE OF THE SITE.

Rental Depot of Florida reserves the right, at its sole discretion, to change, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use each time before using the Site. Your continued use of the Site following the posting of changes manifests your agreement to the changes. You agree that all subsequent purchases or rentals by you will be subject to the terms and conditions of these Terms of Use, which shall apply until we post a modified Terms of Use and then in accordance with such modified Terms of Use. As long as you comply with these Terms of Use and any such modifications, Rental Depot of Florida grants you (“you”) a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Site.

1. Content and Intellectual Property.

A. Rental Depot of Florida Content, Copyright and Trademark Notice.

All media (downloaded or samples), software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on the Site (collectively, “Content“), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site, is owned or licensed by or to Rental Depot of Florida, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws. Except as expressly provided in this Terms of Use, no part of the Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Rental Depot of Florida’s prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Content, and Rental Depot of Florida reserves all rights not expressly granted hereunder. Rental Depot of Florida expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site.

RENTAL DEPOT OF FLORIDA, the Rental Depot of Florida logo and other trademarks used on the Site, are registered trademarks or service marks of Rental Depot of Florida. All other trademarks or service marks are property of their respective owners. The use of any Rental Depot of Florida trademark or service mark without Rental Depot of Florida’s express written consent is strictly prohibited.

B. User Content and Submissions, Licenses

You understand and agree that all information, data, text, software, music, sound, images, photographs, graphics, video, advertisements, messages, trademarks, logos, artwork or other materials submitted, posted or displayed by you on or through the Site (“User Content”) is the solely your responsibility. Rental Depot of Florida makes no claims of ownership or control over any User Content. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any User Content you submit, post or display on or through the Site and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Content on or through the Site, you grant Rental Depot of Florida a perpetual, worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content through the Site and as part of Rental Depot of Florida services. In addition, by submitting, posting or displaying User Content which is intended to be available to other members of the general public, you grant Rental Depot of Florida a perpetual, worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting the Site, Rental Depot of Florida, and/or their respective services. Rental Depot of Florida will discontinue this licensed use within a commercially reasonable period after such User Content is removed from the Site. Rental Depot of Florida reserves the right to refuse to accept, post, display or transmit, or to disable or terminate any post, display, or transmission of, any User Content in its sole discretion, but shall have no obligation to do so, and no obligation to monitor any User Content.

You agree that you will not use the Site in a manner that, or submit any User Content that: (i) violates any federal, state, provincial, local, or international law or regulation; (ii) may, in our sole discretion, contribute to the harassment, exploitation, or harm of any person, including activities that may be defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable; (iii) may expose United Rentals to any liability, including by posting any material that infringes on or misappropriates the intellectual property rights of third parties; (iv) may be harmful to others, Rental Depot of Florida operations, or Rental Depot of Florida reputation, including offering or disseminating fraudulent goods, services, schemes, or promotions (e.g. get-rich-quick schemes, Ponzi or pyramid schemes, phishing, or pharming) or engaging in other deceptive practices; or (v) involves content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, or other malware.

If you post User Content in any public area of the Site, you also permit any user to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on the Site retains any and all rights that may exist in such User Content. Rental Depot of Florida may, in its sole discretion, review and remove any User Content for any reason, such as but not limited to User Content that violates these Terms, violates intellectual property and/or other laws, rules or regulations, is abusive, disruptive, offensive or illegal, violates the rights of, or harms or threatens the safety of, users of the Site or third parties, or is inconsistent with the policies or positions of United Rentals and/or the Site. Rental Depot of Florida reserves the right to expel you and/or any other users and prevent their further access to the Site and/or use of Rental Depot of Florida’s services for posting User Content that is subject to termination or for otherwise violating the Terms or applicable laws, rules or regulations. Rental Depot of Florida may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for Rental Depot of Florida, damage Rental Depot of Florida’s brand or public image, or cause Rental Depot of Florida to lose users or (in whole or in part) the services of its ISPs or other vendors or suppliers.

Rental Depot of Florida does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by users, and does not adopt or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.

Rental Depot of Florida reserves the right to restrict the number of posts, e-mails, transmissions, or other messages which a user may send or display to other users to a number which Rental Depot of Florida deems appropriate in its sole discretion.

2. Registration, Customer Account and Use of Site.

Certain services offered on or through the Site require you to first open an Account. You are responsible for maintaining the confidentiality of your Account information, including your password, and for all activity that occurs under your Account. You agree to notify Rental Depot of Florida at the address set forth below immediately of any unauthorized use of your Account or password, or any other breach of security. You may be held liable for losses incurred by Rental Depot of Florida or any other user of the Site due to someone else using your password or Account. You may not use anyone else’s password or customer account at any time. You may not attempt to gain unauthorized access to Accounts or the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your customer Account will be terminated, and Rental Depot of Florida may seek other relief. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your Account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the Account button and selecting the appropriate link. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site.

You also agree that Rental Depot of Florida may, in its sole discretion and without prior notice to you, terminate your access to the Site and your Account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others’ attempting to do so, (2) overcoming software security features limiting use of or protecting any Content, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of this Terms of Use, (5) failure to pay for purchases or rentals, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that Rental Depot of Florida will not be liable to you or to any third party for termination of your access to the Site.

United Rentals reserves the right to investigate complaints or reported violations of these Terms of Use, applicable licenses and/or copyright information on the Site, and to take any action they deem appropriate, including, without limitation, reporting and providing information of any suspected unlawful activity to law enforcement officials, regulators, or other third parties, including disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

The Site is intended only for users who are above 18 years of age and reside in the United States. By using the Site, you represent and warrant that you are over the age of 18 and that you reside in and are accessing the Site from within the United States. If you do not meet these requirements, you must not access or use the Site in any way.

3. Consent to Collection, Use and Disclosure of Your Personal Information.

As more fully described in our Privacy Policy, (click here to view), you must disclose certain personal information and financial information to use our Site, register, and make purchases or rentals. As a condition of registering with our Site or making any purchases or rentals of any products and/or services or conduct any transactions, you represent that you have first read our Privacy Policy and consent to the collection, use and disclosure of your personal information, financial information, and other information as described in our Privacy Policy. Our Privacy Policy’s terms and conditions will change from time to time, and as a condition of browsing the Site, using any features or making any purchase or rental, you agree that you will first review our Privacy Policy prior to making any initial or subsequent purchases or rentals or using any features of the Site.

Any information collected through our Site may be stored and processed in the United States or any other country in which Rental Depot of Florida operates. By utilizing our Site, you consent to any such transfer of information outside of your country of residence.

While Rental Depot of Florida takes reasonable steps to safeguard and to prevent unauthorized access to your personal information and financial information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL Rental Depot of Florida, LLC OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER UNITED RENTALS WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

4. Consent to Our Communication with You by E-Mail.

By establishing an Account with us, and each time you make a purchase or rental, request a quote, or otherwise use our Site, you grant permission for Rental Depot of Florida to contact you at your e-mail address. To stop receiving our marketing emails, please contact us at sales@rentaldepotflorida.com, or contact our Privacy Officer at:

Attn: Privacy Officer
Rental Depot of Florida
2725 North John Young Parkway
Kissimmee, Florida 34741

Please be sure to include your full name, address, telephone number and email address so that we may reach you with a response. You may also call 407-750-4242

5. Conditions of Sale/Rental and Payment Terms.

To purchase or rent any goods and/or services on our Site, you must be at least eighteen (18) years of age or the applicable state or provincial age of majority if greater. Prior to the purchase or rental of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales and rentals of products and services are final. All charges from those sales and rentals are nonrefundable.

By renting or buying any goods and/or services on our Site you agree to be bound to the Online Rental Terms and Conditions, as amended from time to time (collectively the “Rental Agreement”). Such terms and conditions include, but are not limited to, indemnification and limitation of liability provisions that may affect your liability and that of United Rentals. You acknowledge that the Rental Agreement terms and conditions may change over time and agree to be bound by such terms and conditions in use at the time of each rental or sales transaction in the jurisdiction where the purchase or rental occurs. The terms and conditions of the Rental Agreement are incorporated herein by reference. A hard copy of the current Rental Agreement is also available upon request.

Certain products and services offered for sale or rental through the Site may include delivery, refueling, environmental, or other fees, as further described in the applicable Rental Agreement. In some cases, you may opt-out of these fees through the Site or by making alternative arrangements (for example, by picking up equipment rather than having it delivered). If you have any questions about such fees, please contact us directly before completing any transaction on the Site.

6. Methods of Payment, Credit Card Terms and Taxes.

All payments must be made by VISA, MasterCard, Discover, American Express, certified check or cashier’s check, or, in certain cases with prior approval, purchase order, personal check or business check. We currently do not accept, PayPal or any other payment form. We do accept cash, and business check as a form of payment when you come to our physical address in person. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Terms of Use to determine your rights and liabilities as a cardholder. YOU, AND NOT RENTAL DEPOT OF FLORIDA, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases and rentals (including any applicable taxes) at the rates in effect when the charges were incurred. If Rental Depot of Florida does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Rental Depot of Florida or its agents. You are responsible for paying any governmental taxes imposed on your purchases and rentals, including, but not limited to, sales, use or value-added taxes. Rental Depot of Florida shall automatically charge and withhold the applicable tax for orders to be delivered to addresses within any states, provinces or localities that it deems is required.

7. Order Acceptance Policy.

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell or rent. Rental Depot of Florida reserves the right at any time after receipt of your order to accept or decline your order for any reason. Rental Depot of Florida further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Rental Depot of Florida upon our delivery of products or services that you have ordered. We may require additional verification or information before accepting any order.

8. No Responsibility to Sell or Rent Mispriced Products or Services.

Rental Depot of Florida shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Rental Depot of Florida shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase or rental and your order is canceled, Rental Depot of Florida shall immediately issue a credit to your credit card account in the amount of the charge.

9. Modifications to Prices or Billing Terms.

RENTAL DEPOT OF FLORIDA, LLC RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD OR RENTED, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.

10. Service and Support for Goods Sold or Rented.

All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions.

11. Indemnification.

By using the Site, you agree to defend, indemnify and hold harmless Rental Depot of Florida, its employees, directors, officers, agents, subsidiaries and affiliates from and against any and all claims, damages and costs, including reasonable attorneys’/legal fees and related expenses, arising from or related to (i) your use of the Site or the Content; (ii) any breach or alleged breach by you of these Terms; (iii) a claim, which if true, would constitute a violation by you of your representations and warranties; (iv) a claim alleging your negligence or willful misconduct related to the Site or Content, or the provision of any products or services to you by Rental Depot of Florida; and (v) any User Content that you submit. You may not settle any claim without the prior written consent of United Rentals, which shall not be unreasonably withheld. You shall not be required to defend, hold harmless or indemnify United Rentals for its own wrongful acts or omissions or sole negligence.

12. Disclaimer of Warranties.

THE SITE, PRODUCTS, SERVICES, CONTENT, SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. UNITED RENTALS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE SITE, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS.

13. LIMITATION OF LIABILITY.

THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE, AND/OR THE USE OF ANY CONTENT REMAINS WITH YOU.

IN NO EVENT SHALL Rental Depot of Florida, LLC OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THESE TERMS OF USE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES OR CONTENT, THE DELAY OR INABILITY TO USE THE RENTAL DEPOT OF FLORIDA SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE RENTAL DEPOT OF FLORIDA SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF UNITED RENTALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OF USE OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT RENTAL DEPOT OF FLORIDA, LLC SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO RENTAL DEPOT OF FLORIDA, LLC BY YOU. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF RENTAL DEPOT OF FLORIDA. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

CERTAIN STATE LAWS, AND THE LAWS OF CERTAIN OTHER JURISDICTIONS, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

14. Claims of Intellectual Property Infringement.

Copyright

Rental Depot of Florida will remove or disable infringing material uploaded, posted, or submitted by any customer, vendor, or other third party who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. Except as provided by law, Rental Depot of Florida shall have the right, but not the obligation, to terminate an account that it believes has been an instrument of unlawful infringement In addition, Rental Depot of Florida has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Rental Depot of Florida respects the intellectual property of others and we ask others to do the same. If you believe that your copyright has been infringed through the Site, please contact our Legal Department, at (407) 750-4242, or mail at:

Attn: Legal Department
Rental Depot of Florida, LLC
2725 North John Young Parkway
Kissimmee, Florida 34741

Any written notice describing the infringing activity must include the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the material that is allegedly infringed;
A description of the allegedly infringing work or material;
A description of where the allegedly infringing material is located on the Site;
Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;
A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law; and
A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.
Trademark

Rental Depot of Florida may remove or disable User Content that is alleged to violate any person’s trademark, publicity or similar rights. Except as provided by law, Rental Depot of Florida shall have the right, but not the obligation, to terminate an account that it believes has been an instrument of unlawful infringement In addition, Rental Depot of Florida has implemented procedures for receiving written notification of claimed trademark infringement. Rental Depot of Florida respects the intellectual property of others and we ask others to do the same. If you believe that your trademark has been infringed through the Site, please contact our Legal Department at (407) 750-4242, or mail at:

Attn: Legal Department
Rental Depot of Florida, LLC
2725 North John Young Parkway
Kissimmee, Florida 34741

Any written notice describing the infringing activity must include the following information:

1. a copy of the certificate of registration received from the United States Patent and Trademark Office (USPTO) or, for foreign marks, registration with the appropriate intellectual property organization of your country (we cannot accept state or local registrations pursuant to this policy);

2. your contact information, including full name, address, email, telephone number, and fax number; and

3. a statement identifying:

a. the material that you believe is infringing (the “Allegedly Infringing Material”), as well as the party posting the Allegedly Infringing Material;

b. the trademark, service mark, trade dress, or name (the “Mark”) that you believe to be infringed;

c. the jurisdiction or geographical area in which the Mark is valid;

d. the name, post office address and telephone number of the owner of the Mark identified above;

e. the goods and/or services covered by or offered under the Mark;

f. the date of first use of the Mark;

g. the date of first use of the Mark;

h. the goods and/or services covered by or offered under the Allegedly Infringing Material;

i. the precise location of the Allegedly Infringing Material, including URL address; and

j. a good faith certification, signed under penalty of perjury, stating:

i. the name of the complaining party,

ii. the Allegedly Infringing Material infringes the rights of the complaining party,

iii. the Mark being infringed, and

iv. use of the Mark is unauthorized and not defensible.

Upon receipt of the appropriate information identified above, Rental Depot of Florida, LLC will investigate the complaint, during which time Rental Depot of Florida, at its sole discretion and without any legal obligation to do so, may temporarily remove the challenged material from the Site, notify the posting party it will lock down the posting party’s account, if any, and/or, if the Allegedly Infringing Material is stored on a Rental Depot of Florida server, temporarily remove or deny access to the Allegedly Infringing Material.

If Rental Depot of Florida concludes that the complaining party has raised a legitimate infringement claim, or that it appears valid on its face, Rental Depot of Florida may, at its sole discretion and without any legal obligation to do so, permanently remove the challenged material from the Site, continue to suspend the posting party’s account and/or, if the Allegedly Infringing Material is solely stored on a Rental Depot of Florida server, deny access to the Allegedly Infringing Material. If Rental Depot of Florida concludes that the complaining party has not raised a legitimate claim or if it is not clear whether the complaining party has raised a legitimate claim, Rental Depot of Florida may, at its sole discretion, restore access to the Allegedly Infringing Material.

Counter Notification Policy

If Rental Depot of Florida has forwarded to you a notice of copyright or trademark infringement, you (“alleged Infringer”) may provide a “Counter Notification” by contacting Rental Depot of Florida at the above contact information, and including the following:

1. An electronic signature of the alleged Infringer.

2. Identification of the material that has been removed, or to which access has been disabled, and the location at which the material appeared before it was removed or disabled.

3. A statement under penalty of perjury that the alleged Infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification.

4. The alleged Infringer’s name, address, and telephone number, and a statement that the alleged Infringer consents to the jurisdiction of the U.S. District Court for the District of Connecticut, or, if the alleged Infringer’s address is outside of the United States, of any U.S. District Court.

In all cases involving claimed copyright infringement, and where appropriate in Rental Depot of Florida’s sole discretion regarding claimed trademark infringement, upon receipt of a Counter Notification as described above, Rental Depot of Florida will promptly provide the complaining party with a copy of the Counter Notification, and inform the complaining party that Rental Depot of Florida will replace the removed material, or cease disabling access to it, in 10 business days. Rental Depot of Florida will replace the removed material and cease disabling access to it in not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Rental Depot of Florida first receives notice from the complaining party that the complaining party has filed an action seeking a court order to restrain the alleged Infringer from engaging in infringing activity relating to the material on the Site.

15. Links To Third Party Websites.

This Site may contain links to websites maintained by third parties. All links are provided for your reference only. Rental Depot of Florida does not control or operate in any respect information, products or services on such third-party sites and is not responsible for their content. These sites may be governed by different privacy policies. Please check these policies before using these sites and/or any tools provided by same. As just one example, one or more pages on the Site may allow you to use and/or interact with Google Maps and/or Google Earth. By utilizing those third-party tools, you agree to be bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy). However, in all instances, it is your obligation to check the policies related to all third-party tools, links, products, services, pages and sites. You assume sole responsibility for use of third-party links, content and/or tools.

16. General.

No delay or failure to take action under these Terms of Use shall constitute any waiver by Rental Depot of Florida of any provision of these Terms of Use. If any provision of these Terms of Use is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of these Terms of Use will continue in full force and effect. These Terms of Use will bind and inure to the benefit of Rental Depot of Florida’s permitted successors and assigns. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises. These Terms of Use are personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate these Terms of Use shall be null and void. Rental Depot of Florida may freely assign these Terms of Use without consent or notice. These Terms of Use (including all documents expressly incorporated herein by reference, including but not limited to the Privacy Policy and Rental Agreement) constitute the complete and exclusive agreement between Rental Depot of Florida and you with respect to the subject matter hereof and supersede all prior oral or written understandings, communications or agreements not specifically incorporated herein.

Governing Law

These Terms of Use shall be governed by United States law and, specifically, the laws of the State of Florida without regard to or application of any conflict of laws provisions. You consent to the exclusive jurisdiction of the state and federal courts sitting in Osceola County, in the State of Florida, USA.

Date – June 21, 2018

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